Apply for unjustifiable hardship

Applicants for development may seek an exemption from complying with one or more requirements in the Disability (Access to Premises — Buildings) Standards 2010 (Premises Standards). Applications are usually made to an accredited certifier.

General exemptions

Applicants for development are exempt from complying with the Premises Standards if compliance would cause 'unjustifiable hardship'. Compliance is still required to the maximum extent that does not cause unjustifiable hardship.

Also, lessees are exempt from having to upgrade the affected part of a building if they don't lease the whole building.

Applying for unjustifiable hardship

Part 4 of the Premises Standards outlines why an exemption on the grounds of unjustifiable hardship might be granted.

An exemption may be granted for work on a new building or affected part/s of an existing building.

Also, an exemption means you don't have to comply with the provisions of the Building Code of Australia that 'mirror' the Premises Standards.

Applications for an exemption can be assessed by an accredited certifier.

Certifiers: for more information, contact the Department of Planning and Environment.